“…every landowner has a right to the lateral support and where subsidence or other destabilisation occurs, as a result of excavations on an adjacent property, the owner of the adjacent property will be liable in an action for damages irrespective of whether she was negligent or not.” (Extract from judgment below) It’s every homeowner’s nightmare […]
Property Subsidence: New Law, Strict Liability and Ubuntu Read More »
“To sign a document means to authenticate that which stands for or is intended to represent the name of the person who is to authenticate” (quoted in the case below) We all know that verbal agreements, although fully binding for most types of transaction, are a recipe for uncertainty and dispute. It’s not just a
Electronic Signatures in Property and Other Transactions Read More »
“You can be a good neighbour only if you have good neighbours” (Howard E. Koch) It looks as if we will still be under “restricted movement” orders for a while – even when we finally get down to Alert Level 2 and who knows when that will be. Tensions between neighbours are no doubt at
Lockdown! Nuisance Neighbours and How to Handle Them Read More »
If you are one of the many employees retrenched or put on short pay or unpaid leave as a result of the COVID-19 crisis and lockdown, you will be wondering how to cover the monthly instalments on your mortgage bond and other credit agreements. You have no doubt heard of the “payment holidays” banks are
Unemployed, Can’t Pay Bond and Credit Instalments? “Credit Life Insurance” May Save You Read More »
The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard. And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to pay the agreed rental. What follows is of necessity a
Leases, Contracts and COVID-19: What is Force Majeure? Read More »
Many factors can delay your property transfer, and all of them are likely to cost you. A last-minute rush to comply with statutory requirements is one such pitfall to avoid. Beware therefore of the possibility that you will soon need (in some parts of the country you may already need), to lodge before transfer a
The primary remedy therefore is an order for removal of the structure (extract from the judgment below) What can you do if your neighbour has started (or finished) building without the necessary municipal approvals? In a nutshell, our courts will very probably assist you with a demolition order, as a recent High Court decision around
Your Neighbour Builds Without Plans – Can You Get a Demolition Order? Read More »
“It is unquestionable that an owner of land is not permitted to perform activities which contravene the restrictive title conditions or the zoning restrictions” (extract from judgment below) You decide to open a home business, or perhaps you are about to buy a house in order to run a business from it. You apply for
Running a Business in a Residential Area – Check Your Zoning First! Read More »
“To support the property market, the threshold for transfer duties is adjusted” (Finance Minister Tito Mboweni) Transfer Duty Exemption Up Some good news for property sellers and buyers in particular is the increase in the transfer duty exemption to R1m. See the table below for details and note that with all the brackets being adjusted
Budget 2020: Good News for Property Sellers and Buyers, and Some Useful Tax Calculators Read More »
Close your eyes –Landlord knockingOn the back door(Jack Kerouac; Northport Haiku) Your residential fixed-term lease expires but for whatever reason you dont sign a new one. Nor does the lease say anything about what will happen on expiry. Is there still any form of valid lease in place and if so what terms and conditions
Does an Expired Lease Automatically Continue Month-to-Month? At What Rental? Read More »
